2 The State Board of Elections (SBE) meeting was held on Monday, October 9,
3 2009, in the General Assembly Building, 4th Floor in conference room 4-East. In
4 attendance representing SBE were The Honorable Jean Cunningham, Chair; Harold
5 Pyon, Vice-Chair; Nancy Rodrigues, Secretary; James Alcorn, Deputy Secretary; Jim
6 Hopper, Senior Assistant Attorney General; David Allen, Manager, Campaign Finance;
7 Reginald Wilson, Manager, Fiscal Services; Susan Mickens, General Registrar, King
8 William County; Larry Haake, General Registrar, Chesterfield County and President of
9 the General Registrars’ Association; and Raymond Cady, General Registrar, Orange
11 Ms. Cunningham called the meeting to order at 11:01 A.M.
12 Ms. Cunningham asked for a motion to approve the minutes of the August 28,
13 2009 meeting. Vice-Chair Pyon moved to approve the minutes. The motion was
14 seconded and unanimously approved.
15 The next order of business was a complaint regarding the Winfield Corporation
16 webpage asking for campaign contributions on behalf of Ms. Anna Choi, a candidate for
17 Virginia House of Delegates in the 37th District. Mr. Allen, Campaign Finance Division,
18 reminded the board that this matter was tabled at the August 28, 2009 Board meeting to
19 allow staff time to research the cost of the production and maintenance of the webpage
20 since it could constitute an Independent Expenditure. If so, the Winfield Corporation
21 would have been required to report the expense, pursuant to §24.2-945.2 of the Code of
22 Virginia. Mr. Allen stated that staff was informed by Mr. Richard Lewis, President of
23 Winfield Corporation, that he is not a webpage designer by trade and his time creating the
24 page was considered voluntary. Staff verified that Microsoft provided website hosting at
25 no cost to Mr. Lewis. Therefore, staff concluded that there were no expenditures and that
26 the Winfield Corporation is not required to file an independent expenditure report and
27 thus recommended that no action was needed.
28 Ms. Cunningham asked for a motion to uphold the staff recommendation that no
29 action be taken. Secretary Rodrigues so moved. The motion was seconded and
30 unanimously approved.
31 The next order of business was a report on Administrative Fee implementation.
32 Mr. Wilson, Fiscal Division, advised the board that the State Board of Elections [SBE]
33 intends, under the states budget reduction planning and strategies, to implement the
34 assessment of administrative fees for monies owed to the state as a result of campaign
35 finance penalties and fines. SBE plans to, under the Virginia Debt Collection Act §2.2-
36 4800 of the Code of Virginia, implement an administrative fee to recover costs. This act
37 requires all state agencies to take “all appropriate and cost-effective actions to
38 aggressively collect all accounts receivable. All state agencies and institutions are
39 subject to this chapter and must establish internal policies and procedures for the
40 management and collection of accounts receivable that are in accordance with regulations
41 adopted by the Department of Accounts and the Office of the Attorney General.” This
42 matter is being brought before the Board for informational purposes and staff will work
43 with counsel to develop the program.
44 Mr. Allen stated that SBE spends $5.54 per letter [certified mail] to notify those
45 with penalties over 30 days past due, as is required by the code. So far this year, over
46 1,100 letters have been mailed.
47 Mr. Wilson stated SBE would be collecting interest, late fees and attorney fees, if
48 applicable. These penalties are generally owed by candidates and political action
50 Mr. Hopper added that the question really revolves around whether or not the
51 Virginia Debt Collection Act is applicable to SBE. If it is applicable SBE has no choice
52 but comply with §2.2-4805 of the Code of Virginia, which mandates that interest, late
53 fees and attorney fees all be charged.
54 Vice-Chairman Pyon asked why SBE is planning to aggressively pursue the
55 collection of these administrative fees now.
56 Mr. Wilson advised the board that currently there is over $245,000 in accounts
57 receivable outstanding that fit into that category. To date, SBE staff has done everything
58 it is allowed to do to collect these accounts receivable.
59 Ms. Cunningham thanked staff for the preliminary report.
60 The next order of business was a complaint by Mr. Mark Powell regarding
61 Delegate Onzlee Ware on the following issues:  Personal use of campaign committee
62 funds;  Payee’s addresses incomplete or missing;  The issue of
63 “Reimbursement” as the description of goods or services;  payments to self in round
64 dollar amounts;  an $800.00 loan to Purcell Marcus on June 1, 2009 report; 
65 payment listing the entity paid as “Cash Withdraw” in the amount of $1,300.00 with the
66 description shown as primary workers. Mr. Allen stated that staff findings are as follows:
67  reports for the filings deadlines of April 15, 2009, June 15, 2009 and July 15, 2009 [a]
68 all had missing or incomplete information, [b] descriptions listed as “Reimbursement,
69 and [c] all had some payments payable to Delegate Ware for round dollar amounts. 
70 An expenditure listed on the June 1, 2009, Schedule D did list a loan of $800.00 to
71 Purcell Marcus.  An expenditure listed on the July 15, 2009 Schedule D did list an
72 entity paid as “Cash Withdraw” in the amount of $1,300.00, with the description shown
73 as “primary workers.”
74 On June 10, 2009, a certified letter was sent by staff to Delegate Ware notifying
75 him of the omissions in his reports and requesting that he amend the reports by June 22,
76 2009. On July 24, 2009, a certified letter was sent by staff to Delegate Ware notifying
77 him of the complaint and notifying him of the omissions in his report, requesting that he
78 amend the report.
79 The reports regarding the filings deadlines of April 15, 2009, June 1, 2009 and
80 July 1, 2009 [a] all had missing or incomplete information, [b] descriptions listed as
81 “Reimbursement”, and [c] all had some payments payable to Delegate Ware for round
82 dollar amounts, were amended on June 22, 2009.
83 The reports regarding an expenditure listed on the June 1, 2009 Schedule D listing
84 a loan of $800.00 to Purcell Marcus and an expenditure listed on the July 15, 2009
85 Schedule D listing an entity paid as “Cash Withdraw” in the amount of $1,300.00, with
86 the description shown as primary workers, were amended on September 4, 2009.
87 The staff recommends no further action since the reports were amended.
88 Ms. Cunningham asked for a motion to take no further action on this matter.
89 Vice-Chairman Pyon moved to uphold staff recommendation that no further action be
90 taken. The motion was seconded and unanimously approved.
91 The next order of business was a request for waiver of a civil penalty by the
92 International Union of Operating Engineers Local 147 PAC. Mr. Allen stated the PAC
93 was assessed a civil penalty in the amount of $100.00 for failure to file the required July
94 15, 2009 Campaign Finance report. Staff received a letter from Mr. Darold S. Kemp
95 stating that he was unaware that the report was due on July 15, 2009 because he was new
96 to the PAC Treasurer and was not aware that the report was due on July 15, 2009. Staff
97 recommends that pursuant to §24.2-949.5 of the Code of Virginia, that the board uphold
98 the civil penalty of $100.00.
99 Ms. Cunningham asked for a motion to uphold the staff recommendation to assess
100 a penalty of $100.00. Vice-Chairman Pyon moved to uphold the staff recommendation.
101 The motion was seconded and unanimously approved.
102 The next order of business was a request for waiver of a civil penalty by the
103 Beach Leadership Council Committee for filing a late July 15, 2009 report. Mr. Allen
104 stated the committee was assessed a civil penalty in the amount of $100.00 for failure to
105 file the required July15, 2009, report on time. Staff received a letter from Jeffrey L.
106 Marks, Esq. stating that the committee Treasurer, R. Griffith Jones, Jr. was hospitalized
107 for an emergency appendectomy on July 13, 2009 and was not released from the hospital
108 until July 17, 2009. The reports were filed on July 17, 2009.
109 Staff has recommended that pursuant to §24.2-953.2 [B] of the Code of Virginia,
110 that a civil penalty of $100.00 be assessed for the late filing of a required report.
111 Ms. Cunningham asked for a motion to uphold the staff recommendation.
112 Secretary Rodrigues moved to uphold the staff recommendation to assess a civil penalty
113 of $100.00. The motion was seconded and Ms. Cunningham voted “Aye”, Secretary
114 Rodrigues voted, “Aye” and Vice-Chairman Pyon voted “Nay”. The motion was
115 approved by majority vote.
116 The next order of business was a request for waiver of a civil penalty by the
117 Foodservices III PAC for filing a late April 15, 2009 report. Mr. Allen stated the
118 committee was assessed a civil penalty in the amount of $100.00 for failure to file the
119 required April 15, 2009 report on time. This PAC files their reports on paper not
120 electronically. Staff must use the date the report was post marked. If however, the
121 envelope with the post mark is not attached to the report, the staff must use the date that
122 the SBE stamped as received. Ms. Stephanie Blind, Foodservice III PAC representative,
123 sent a photo copy of the envelope with a post mark of April 15, 2009. This indicates that
124 the report was submitted on-time. The staff recommends that the Board waive the civil
125 penalty assessed in the amount of $100.00.
126 Ms. Cunningham asked for a motion to uphold the staff recommendation.
127 Secretary Rodrigues moved to uphold the staff recommendation to waive the accessed
128 civil penalty of $100.00. The motion was seconded and unanimously approved.
129 The next order of business was a request for waiver of a civil penalty by the 1 st
130 Congressional District Democratic Party of Virginia for failure to file the required July
131 15, 2009, Campaign Finance report. Mr. Allen stated the 1st Congressional District
132 Democratic Party of Virginia was assessed a civil penalty in the amount of $100.00 for
133 failure to file the required July15, 2009 Campaign Finance report. Staff received a
134 request for waiver of the assessed penalty under the Committee ID 93-067 because a
135 Statement of Organization was filed creating the 1st Congressional District Democratic
136 Part of Virginia [ID 93-607]. The Statement of Organization was amended in 2000, 2001
137 2005 and 2009. The Statement of Organization received by SBE on May 19, 2009 was
138 incorrectly marked “New” by staff and given the ID # 09-056. The amended Statement
139 of Organization should have been marked “Amended”. Staff recommends that the civil
140 penalty of $100.00 be waived and to administratively close the duplicate committee.
141 Ms. Cunningham asked for a motion to uphold the staff recommendation. Vice-
142 Chairman Pyon moved to uphold the staff recommendation to waive the assessed civil
143 penalty of $100.00 and administrative closure of the duplicate committee. The motion
144 was seconded and unanimously approved.
145 The next order of business was a request for waiver of a civil penalty by the
146 Augusta County Republican PAC for failure to file the required April 15, 2009 and the
147 July 15, 2009 Campaign Finance reports. Staff was contacted by Dr. Lawrence W.
148 Roller, Treasurer and stated the committee was given incorrect information by staff
149 related to filing requirements. A Statement of Organization establishing a new political
150 action committee named “Augusta County Republican PAC [ACRPAC].” The statement
151 was signed by Dr. Roller and dated February 5, 2009 and assigned committee number 09-
152 020. Dr. Roller was advised that an Augusta County Republican Committee already
153 existed, and their committee had not raised any funds, they wished to cancel their
154 committee and have the record purged. Staff recommends that the civil penalty of
155 $100.00 for each report be upheld pursuant to §24.2-949.9 of the Code of Virginia.
156 Ms. Cunningham asked for a motion to uphold the staff recommendations.
157 Secretary Rodrigues moved to uphold the staff recommendation to assess civil penalties
158 in the amount of $100.00 each for the failure to file the April 15, 2009 and July 15, 2009
159 Campaign Finance reports. The motion was seconded and unanimously approved.
160 The next order of business was a request for waiver of a civil penalty by the
161 Twelve Visions Party of Virginia [TVPVA] for failure to file the required July 15, 2009
162 Campaign Finance report. Staff was advised that the committee misunderstood the
163 requirements and lacked knowledge of the reporting deadlines. The committee
164 Treasurer, Nellie Hayes stated in an email that she missed the July 15, 2009 deadline
165 because she was on her honeymoon. To date, the report has not been filed. Staff
166 recommends that the civil penalty of $100.00 be upheld pursuant to §24.2-953.1 of the
167 Code of Virginia. Secretary Rodrigues moved to uphold the staff recommendation to
168 assess the TVPVA a civil penalty of $100.00 for failure to file the July 15, 2009
169 Campaign Finance report. The motion was seconded and unanimously approved.
170 The next order of business was a request by Susan Mickens, General Registrar of
171 King William County, for assistance in receiving reimbursement of expenses incurred
172 while attending the SBE annual training for general registrars and electoral board
173 members. Ms. Mickens stated King William County has adopted a policy stating that it
174 would not allow any training of any nature this year. She advised them that the annual
175 training was mandated and they still refused to reimburse her expenses. Ms. Mickens
176 stated to further save the locality money she and her deputy and one electoral board
177 member stayed in the same hotel room for three nights. She is asking that King William
178 County to reimburse the hotel bill of $315.00.
179 Secretary Rodrigues stated the annual training for general registrars and electoral
180 board members is mandated by §24.2-103 the Code of Virginia.
181 Mr. Hopper stated that §24.2-111 of the Code of Virginia states that, “in case of a
182 dispute, the State Board shall approve or disapprove the reimbursement. Reasonable
183 expenses include, but are not limited to, costs for: (i) an adequately trained registrar's
184 staff, including training in the use of computers and other technology to the extent
185 provided to other local employees with similar job responsibilities, and reasonable costs
186 for the general registrar or at least one member of the registrar's staff to attend the annual
187 training offered by the State Board; (ii) adequate training for officers of election; (iii)
188 conducting elections as required by this title; and (iv) voter education (Emphasis added).”
189 Mr. Haake stated this is an extreme example of what occurs all over the state and
190 asks the board to support a motion to approve the reimbursement of Ms. Mickens’ hotel
192 Mr. Raymond Cady, General Registrar of Orange County, stated he has had a
193 similar problem with his locality.
194 Secretary Rodrigues moved to approve, pursuant to §24.2-111 in the Code of
195 Virginia, the reimbursement of these reasonable expenses incurred by Ms. Mickens, Ms.
196 Wright and Ms. Abrams while attending the State mandated general registrar and
197 electoral board training held June 29 through July 2, 2009, which include the hotel
198 expense of $315.00. The motion was seconded and unanimously approved.
199 Secretary Rodrigues advised Ms. Mickens that a letter would be sent to her county
200 administrator instructing them to reimburse her the hotel expenses of $315.00 the next
201 business day.
202 The next order of business was the Officers of Election Training Standards. Mrs.
203 Cockrell recognized Cynthia Seal, election officer in Henrico County; Ann Marie
204 Middlesworth, assistant general registrar in Henrico County; Raymond Cady, general
205 registrar in Orange County; Phillip Wilkey, Secretary of the York County electoral board
206 the four members of the working group that helped develop the Officers of Elections
208 Ms. Cunningham expressed thanks to the members of the Officers of Election
209 Training Standards working group on behalf of the Board, for all of their hard work and
210 the time they devoted to the task. .
211 Ms. Cockrell stated the training standards being presented to the Board today are
212 a result of legislation in the 2009 General Assembly that mandates that the agency
213 develop Election Officer Training Standards. The group reviewed all of the references in
214 24.2 of the Code of Virginia to officers of election. They found 78 citations in the Code
215 that assign various duties to Chief Officers, Assistant Chiefs, and Officers and along with
216 a number of administrative tasks assigned to the electoral board. The document
217 presented to the board is split into these specific activities. Each local electoral board
218 will be required to develop a written plan which will help SBE determine what type of
219 training is being conducted by the localities. The standards were posted on the SBE
220 website for comments and overall received overall good reviews.
221 Vice-Chairman Pyon asked if there were any comments on the document from
222 any of the election officials present.
223 Mr. Haake stated on behalf of the registrars he wanted to thank those involved in
224 creating this foundation document. There have been some comments that the document
225 can be improved further and concerns about the timing of this document. The
226 November election is three weeks away and some registrars have not had an opportunity
227 to read the document and others have misunderstood it. Mr. Haake asked the Board to
228 delay any action on this document until after the election.
229 Ms. Cunningham suggested that the Board take this matter under advisement.
230 Secretary Rodrigues stated the Officer of Election Standards will be placed on the
231 November 23, 2009 agenda.
232 Ms. Cunningham stated that by then the additional comments that have been made can
233 be incorporated into the current document. The registrars and electoral board members
234 will have three weeks after the election to send in their comments by email; and
235 additional comments will be beneficial.
236 Vice-Chairman Pyon moved to table the Officer of Election Standard until the
237 November 23, 2009 Board Meeting. The motion was seconded and unanimously
239 The next order of business was the Automark with AccuVote Optical Scanners
240 extension request. Mr. Al Giles advised the board that the Board authorized the use of
241 the Automark Voter Assist Terminal with the Premier Election System AccuVote optical
242 scanners for one year in September of 2008. The authorization has expired. The
243 Premier’s Assure 1.2 package was certified by the EAC in August of this year. The
244 timing of the certification did not allow the State Board of Elections enough time to
245 complete the state certification process in time for the November 3, 2009 election. Mr.
246 Giles asked the Board to extend the previous approval for one year to allow ample time to
247 complete the state certification process on the Assure 1.2 package.
248 Vice-Chairman Pyon moved to extend the authorization to use the Automark
249 Voter Assist Terminals with Premier Election Systems AccuVote optical scanners for one
250 additional year. The motion was seconded and unanimously approved.
251 Secretary Rodrigues stated that  depending on the complaints that are raised prior to
252 the November election the Board may have to hold an emergency meeting.  Secretary
253 Rodrigues has arranged for the State Police Troopers to escort the Board members to tour
254 polling places on Election Day.
255 . Counsel has asked the Board to convene on Election Day and go into recess in case
256 there is an emergency that will need attention on Election Day. Secretary Rodrigues
257 stated that Mrs. Lorraine Thompson will be retiring in December and asked that the
258 Board to recognize her 30 plus years of dedicated service to the Commonwealth of
259 Virginia at the November 23, 2009 meeting..
260 Vice-Chairman Pyon stated recognized Rosanna Bencoach for her many years of
261 dedicated service to the Commonwealth of Virginia. Ms. Bencoach left her position at
262 SBE in October of 2009..
263 Ms. Cunningham asked if there were any public comments.
264 Ms. Helen Tansey asked to address the Board again.
265 Ms. Cunningham apologized to Ms. Tansey for a misunderstanding regarding the
266 October 5, 2009 Board Meeting. The Board did return to the Capitol after leaving U. S.
267 Federal Court as they said they would to entertain her comments, but did not see her so
268 the meeting was adjourned.
269 Ms. Tansey read a statement to the Board. Ms. Tansey stated that she was
270 seeking a response to the complaint she delivered to SBE concerning whether Barack
271 Obama was a natural born citizen. In her complaint she stated that the Honorable Nancy
272 Pelosi, Speaker of the U. S. House of Representatives, acting in the non-governmental
273 role of Chair, 2008 DNC Convention, committed election fraud by certifying to this
274 Board that Barack Obama, the Democratic nominee for President of the United States,
275 was constitutionally eligible to have his name placed on the Virginia general election
276 ballot, [this statement is on file at SBE]. Ms Tansey stated the document used to prove
277 his status as a natural born citizen was insufficient and asked that SBE refer her
278 complaint to the Attorney General so that he can commence a formal investigation.
279 Ms. Cunningham stated that Ms. Tansey’s original letter of complaint was sent to
280 the Attorney General and SBE was on copied on the letter. The letter was directed to the
281 Attorney General and that office had the responsibility to respond to her concerns. Under
282 the Code of Virginia, SBE does not have the authority to investigate the allegations of
283 fraud and the matter should be handled by the office of the Commonwealth Attorney and
284 thanked Ms. Tansey for her comments.
285 Ms. Cunningham asked if there was any further business to be brought before the
286 Board. There being none, Ms. Cunningham asked for a motion to adjourn. Vice-
287 Chairman Pyon moved to adjourn the meeting. The motion was seconded and
288 unanimously approve. The meeting was adjourned at 12:15 P.M.